What is the ruling on one who loses his shoes in the Haram and then takes a pair of the same type in their place, knowing that he has been careful more than once and used to buy others, but that happened to him more than once, so he was compelled to take others?
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The questioner : This questioner asks: What is the ruling on one who loses his shoes in the Haram and then takes a pair of the same type in their place, knowing that he has been careful more than once and used to buy others, but that happened to him more than once, so he was compelled to take others? I hope you will provide us with information?
The Shaykh : It is not permissible for a person to take shoes other than his own if he loses his shoes in the shoe collection area of ordinary mosques, or in the Sacred Mosque, or the Prophet’s Mosque, because he is not certain that the shoes he took are the ones whose shoes he took; they may belong to someone else. Yes, if it is assumed that two men entered the mosque and placed their shoes in the shoe collection area, then one of them left before the other and took his companion’s shoe, and then the second one left and did not find his shoe but only found the shoe of the one who had taken his, then in that case, there is no harm in taking these shoes if he has given up hope of the owner returning for them. How does he know that? He knows this if this time and the second time have passed, and he knows that the owner will not return for them. It may also be said to him that he can take these remaining shoes if they are inferior to his, meaning his shoes are new and these are old, or something similar. I mean, I say it may be said that he takes them immediately and does not need to wait until he gives up hope of the owner. Yes.
The questioner : May Allah bless you.
The Shaykh : It is not permissible for a person to take shoes other than his own if he loses his shoes in the shoe collection area of ordinary mosques, or in the Sacred Mosque, or the Prophet’s Mosque, because he is not certain that the shoes he took are the ones whose shoes he took; they may belong to someone else. Yes, if it is assumed that two men entered the mosque and placed their shoes in the shoe collection area, then one of them left before the other and took his companion’s shoe, and then the second one left and did not find his shoe but only found the shoe of the one who had taken his, then in that case, there is no harm in taking these shoes if he has given up hope of the owner returning for them. How does he know that? He knows this if this time and the second time have passed, and he knows that the owner will not return for them. It may also be said to him that he can take these remaining shoes if they are inferior to his, meaning his shoes are new and these are old, or something similar. I mean, I say it may be said that he takes them immediately and does not need to wait until he gives up hope of the owner. Yes.
The questioner : May Allah bless you.